사기방조
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The main point of the grounds for appeal is that of the lower court’s imprisonment with prison labor for not less than ten months, which is deemed to be too unhued and unreasonable.
2. The following circumstances are recognized: (a) the Defendant confessions the instant crime and reflects his mistake; (b) the Defendant has no particular criminal record, other than once a fine due to the instant crime; and (c) the Defendant has a family member to support the Defendant.
However, the instant crime is an act of aiding and abetting the Defendant to commit the instant crime by taking part in the Defendant’s liability for delivery of cash to the organization of the Bosing criminal, and by taking part in the Defendant’s act of acquiring KRW 84.17 million from six victims, and the nature of the crime is very poor in light of the method and content of the crime
Considering the number of victims and the amount of damage, the responsibility for the crime is very heavy even if the defendant is a aiding and abetting offender.
Since the crime of Bophishing is hard to crack down because the law of crime is close and organized, and its scope of damage is not a discriminatory and brush, and its social harm is very high due to its structural characteristics that are not easy to recover from damage, it is necessary to punish the relevant participant strictly even if the personal gain-making profit is not large.
The victims have not been completely recovered from their damages.
In full view of such circumstances as equity in sentencing with the same or similar incidents, and other various conditions of sentencing as shown in the pleadings of this case, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is deemed unfair because it is too uneasible.
Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Reasons for Judgment] Summary of facts constituting a crime and evidence recognized by this court is summary of facts and evidence.